Question:
I am a Canadian citizen who married
a USA citizen and have applied and
received the forms form INS to apply
for my admittance into the USA i130
where we plan to live. Married within
the US. My question is more of a
confusion because we were told there
was an I485 form and that if filing
the I130 that the form (485) isn't
required. Change of statue. And
it is required for those applying
under I129 process. Is this the
case? Or is the 485 needed with
both process.
Answer:
If you are presently residing in
Canada, you will undergo consular
immigrant visa processing at the
U.S. consulate in Montreal. (It
doesn't matter where you got married.)
Form I-485 is not involved in this
process.
Other forms
are involved: form OF 230 Part 1,
and OF 169, at first. These forms
will be sent to you by the National
Visa Center in New Hampshire. Only
if you were in the U.S. in a valid
temporary status, and you had entered
without intending to get a green
card in the U.S., could you file
Form I-485. Since you have already
married and filed Form I-130, it
would be consider visa fraud if
you were to enter the U.S. in visitor's
status and then file Form I-485.
